2007 06 126544
MOSES LAKE CITY COUNCIL
\_J June 12,2007
Council Present:RonCovey,Bill Ecret,Jon Lane,Dick Deane,Richard Pearce,Brent Reese,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE:Mayor Covey led the Councilinthe pledge of allegiance.
MINUTES:Mr.Deane moved thatthe minutes ofthe May22,2007 meeting be approved,seconded
by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Ecret,and passed unanimously.
Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080, andthose
expense reimbursement claims,certified as required by RCW 42.24.090,havebeen recorded on
a listing which has been made available to the Council for approval and is retained for public
inspection at city hall.
As of June 12,2007 the Council does approve for payment claimsinthe amount of $871,299.33;
prepaid claimsin the amountsof $347,106.62,$12,266.16,and $25,900.03;checks in theamount
of $2,122,770.09; and payroll inthe amounts of $2,049.14 and $60,934.90.
[^J PRESENTATIONS AND AWARDS
Municipal Services Department:Daniel Wilsey,Engineer Tech I,was presented to Council.
Police Department:Dean Mitchell,PoliceChief, stated that OfficerJeff Sursley is an explosive /o/A
ordinancedisposaltechnicianinthe AirForce Reserve and was deployed to Iraq on August 2006.
He was wounded on October 8 but continued with his mission and returned home on February 2,
2007 when he had surgery for his knee wound. Officer Sursley was presented with a Letter of
Patriotism for his service in Iraq.
CONSENT AGENDA
Accept Work -Crack Seal Project -2007:BCV,Inc.has completed work on the 2007 Crack Seal /O/j/\
Project.This project consistedofsealing248,352'of crackswith sealantand3,500'ofcracksusing
rubberized asphalt.The work should be accepted and the 45 day lien period entered into.
Ordinance -The Greens Planned Unit Residential Development -2nd Reading:The ordinance //J (?
establishingthe permitted usesanddevelopment standards for The Green PlannedUnit Residential
Development was presented.
Noise Regulations -Waiver:All Seasons Contracting,Inc.requested permission towork between JO Ys"
10 p.m and 7 a.m.from June 18 to 22, 2007 to finish cleaning and sealing the pavers on Third
Avenue and in Sinkiuse Square inorder to avoid conflicts with pedestrian traffic.
<i Resolution -Accept Easement -Wanapum Bike Path:A resolution was presented which accepts fe/j
^—^an easement from Boyden,Robinett,and Associates for the bike path on Wanapum Drive.^
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CITY COUNCIL MINUTES June 12,2007
//7 7 Six Year Street Plan:A public hearing is required prior to the adoption of the Six Year Street
Transportation Improvement Program. A public hearing was set forJuly 10,2007.
Action Taken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Lane,and
passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
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The city received two bids for the mobile intercom equipment.There was an irregularityin the bid
from Day Wireless Systems as the unit price was left blank.
Gary G. Harer, Municipal Services Director,statedthat even with the irregularitythe unit price could
be easily determined and it can be waived.
Action Taken:Mr.Reese moved that the irregularitybe waived and the bid for the mobile intercom
equipment be awarded to DayWireless Systems inthe amount of $13,607.27,seconded by Mr.
Pearce,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/0&0 BASIN PIECEMAKERS QUILT GUILD -SIGN
The Basin Piecemakers QuiltGuild requested permission to placea banner onthe fence on Neppel
Crossing to promote the quilt festival.
Virginia Cole, Basin Piecemakers, stated thatthere will be over 300 quiltsat the show which will
also include a nationally known teacher,classes and lectures.
Action Taken:Mr.Deane moved that the request be granted to place a banner sign on Neppel
Crossing until June 23,seconded by Mr.Reese,and passed unanimously.
//£(,SMART HOMES -THE CROSSING SHORT PLAT AND POWER POINTE PLATS
Smart Homes,Inc.requested time before the Council to discuss issues withthe development of
The Crossing Short Plat located adjacent to Montlake Park.
Mayor Covey reminded the Council thata claim for damages has been submittedbySmartHomes,
Inc.concerning this plat.The claimhas been turned over to the city's insurance carrier.
James A.Whitaker, CityAttorney, stated that he has spoken tothe attorney handlingthe claimfor
the insurance carrierand was advised that the Council members should not ask questions,engage
in conversation,or take action on this issue because the claim is now in the hands ofthe insurance
company.
Michael Bickler,Vice President,Operations for Smart Homes,Inc.,605 E.Nelson,presented f"^|
information on the paint striping of Montlake Park parking lot, approval of the BNSF license
agreement forutilities underthe Linden Avenue railroad crossing, and approvalofthe Power Pointe
storm water system.Ratherthan remove the existing striping on the MontlakePark parking lotby
sand blasting as required by the city,they are requesting they be allowedto paintover the striping
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CITY COUNCIL MINUTES June 12,2007
V_y with black paint andthen restripe the parking lot.The use ofthe paint is proposed because ofthe
poor condition ofthe parking lot.It is felt thatsand blasting would damage the parking lot which
would require repairing the parking lot prior to restriping.He mentioned thatthey havea pipeline
license permit requirement with Burlington Northern Railroad in order to install a utility pipe under
the tracks.The cityis requiring a permit from the railroad in its name beforeit will acceptthe
utilities.The city objectsto some ofthe language inthe permit from the railroad.Although the
same language exists in other permits issued bythe railroad,the city is requesting a bond from
Smart Homes to cover the cost of litigation should the railroad revoke the permitand require the
city to remove the pipes.Smart Homes feels thatthe risk ofthe revocation ofthe permit isvery
slight and thatThe Crossing Short Plat is being held to a different standard than other projects
which require permits from the railroad.Smart Homes is requesting that the city accept the
Burlington Northern license agreement without the requirement ofa bond.The last issue isthe
stormwatersystem constructedas part ofthe PowerPoint projects.Hestatedthatthe stormwater
systemwas designed according tothe Department ofEcology requirements using dry wells.During
construction it was discovered that the proposed system would not work because of the soil
conditions. Adifferentstormwater planwas discussed andthe city requested that an underground
pipestorm system witha directdischargeintothe lakebe constructed. Astormwater system was
engineered and submitted tothecityin January andnoresponsehasbeen received from the city.
There are still two design issues - the requirement to change the underground pipe from PVC,
which is acceptable to city standards, to ductile iron and the requirement to construct a 20'
maintenance roadto the lake's edge,which has not been required inother developments.Smart
Homes is willing to provide an easement for access to the storm water system ratherthan a
maintenance road. He mentioned that the delays inthe storm system approval and the arbitrary
requirementshas caused Smart Homesto miss the summer selling season for the Power Pointe
[^_J lots and the ability to begin construction before winter sets in.He also mentioned that the delay has
cost a $1.75 million sale on phase 2 and 3 of the Power Pointe plats. He stated that Smart Homes
is requestingthat the city allow them to constructthe storm water system as designed by their
licensed engineer to the Department of Ecology storm water manual standards.
Mr.Liebrecht mentioned that he has previously metwithSmart Homes three times on these issues.
Mayor Covey mentioned that he and Councilman Ecret have also attended meetings with Mr.
Crawford,Mr.Haynes,and citystaffto discuss the issues prior to the submittal ofthe claim.
ORDINANCES AND RESOLUTIONS
ORDINANCES - ADMISSIONS TAX.WATER REGULATIONS. AND BUILDING PERMITS -2nd
READINGS
Ordinanceswere presented whichchange the enforcement process regarding admissiontax,water
regulations, and building permits.
The ordinance amending Chapter 3.16 of the Moses Lake Municipal Code entitled "Admissions //vG>
Tax"was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
U The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water /Oy^
Regulations"was read by title only.
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CITY COUNCIL MINUTES June 12,2007
Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
/jy3^The ordinance amending Chapter 16.02 ofthe Moses Lake Municipal Code entitled "Building
Permits"was read by title only.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
/Off ORDINANCE -AMEND 17.04 -GENERAL PROVISIONS -1st READING
An ordinance was presented which requests the assignment of water rights to the city upon
subdivision of land.
The ordinance amending Chapter 17.04 of the Moses Lake Municipal Code entitled "General
Provisions"was read by title only.
Jerry Crawford,Smart Homes,requested some clarification on the requirement to assign water
rights to the city.
James A.Whitaker, CityAttorney, explained that the requirement isthe assignment of a perfected
water right or the payment of money.
Joseph K.Gavinski,CityManager,stated thatifadeveloper does nothave a perfectedwater right,
the payment of a fee per lotwould be required.
Rich Walpole wanted to know ifthis requirement was for potable water only.
Mr.Whitaker stated that the water assigned to the city would be potable water only.
The ordinance amending Chapter 17.04 of the Moses Lake Municipal Code entitled "General
Provisions"was read by title only.
Action Taken:Mr.Ecret moved that the firstreading of the ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
/D*7 ORDINANCE -AMEND 10.12 -PARKING -1st READING
An ordinance was presented which prohibits on-street parking on Driggs Drive from Broadway
Avenue to Interlake Road and changes the name of Murphy Street to Central Drive.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Ecret,and passed unanimously.
107$'ORDINANCE -AMEND 13.07 -WATER REGULATIONS -1st READING
An ordinance was presented which prohibits the drilling of exempt wells within the city limits and
also regulates exempt wells as a water source in the Urban Growth Area.
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CITY COUNCIL MINUTES June 12,2007
\_J The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water
Regulations"was read by titleonly.
JamesA.Whitaker,City Attorney,stated that this issuehasbeen discussed several times.The
SeniorAssistantAttorney General intheWaterResources Division ofthe Department of Ecology
has confirmed thatthe DOE does recognize a decision ofa city ifthe city wishesto prohibit DOE
from issuing any more permissions to drill holes in the ground to take water without a water
certificate,which isgenerally known asexemptwells.A property with anexempt well canusethat
well for irrigation purposes.He mentioned that the problem isthe cross connection contamination
ifan irrigation wellis connected to potablewater lines.
Jerry Crawford,Smart Homes,stated that hemetwith the DOE attorney regarding water rights and
exempt wells and wanted to know ifan existing water system would have tobetransferred to city
ownership.
Mr.Whitaker explained thatthe regulations will notapply to any existing systems butthata new
system cannot be developed.
There was considerable discussion about the impacts of the proposed regulations.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Lane, and passed with Mr.Liebrecht opposed.
^J
ORDINANCE -AMEND 13.08 -WATER AND SEWER CONNECTIONS -1st READING jyy
An ordinance was presented which establishes reimbursement amounts for the 1997 Knolls
Vista/Larson Water Main Intertie Projectand the 2005 Operations Infrastructure Project.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and
Sewer Connections"was read by title only.
Gary G. Harer, Municipal Services Director,explained the reimbursements.
Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr.
Deane,and passed unanimously.
^J
ORDINANCE -AMEND 18.67 -PLANNED DEVELOPMENT DISTRICT ZONE -1st READING
An ordinance was presented which requires a list of names and addresses of all owners ofrecord
of real property within five hundred feet of a planned development district project.
The ordinance amending Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned
Development District Zone"was read by title only.
Gilbert Alvarado,Community Development Director,explained that when the city did a total rewrite
of the Planned Development District Zone the notification requirements were amended.This
housekeeping amendment willbring the regulations into compliance with other city requirements.
Action Taken:Mr.Lane moved that the first reading of the ordinance beadopted,seconded by Mr.
Deane,and passed unanimously.
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CITY COUNCIL MINUTES June 12,2007
7/c??6>ORDINANCE - AMEND MARINA SHORES PLANNED UNIT DEVELOPMENT - 1st READING
An ordinance was presented which amendsthe Marina Shores Planned Unit Developmentbecause
of a boundary line adjustment which makes 7 lots into 6 lots.
The ordinance amending Ordinance No.2205 which amended ordinance No.1740-A,which
amended Ordinance 1740,creating a planned unit residential development district of Moses Lake
pursuantto Moses Lake Municipal Code 18.22.020 (b)and Moses Lake Municipal Code 18.67 was
read by title.
GilbertAlvarado,Community Development Director,explained thatthe Marina Shores Planned Unit
Development was established by ordinance and because of a boundary line adjustment,the
ordinance must first be amended to allow the change in the number of lots.
Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
ORDINANCE -GARBAGE RATES -1st READING
An ordinance was presented which establishes a new code for a second garbage cart for senior
citizens.
The ordinance establishing charges for garbage collection was read by title only.
Action Taken:Mr.Ecret moved thatthe first reading ofthe ordinance beadopted,seconded by Mr.
Lane,and passed unanimously.
/&{(*RESOLUTION -ACCEPT DONATION -MOSES LAKE POLICE BENEFIT ASSOCIATION
A resolution was presented which accepts $300 from the Moses Lake Police Benefit Association.
The funds are to be used for the Special Olympics Program.
The resolution accepting a cash donation of $300 fromthe Moses Lake Police Benefit Association
was read by title only.
Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
r ;n :t RESOLUTION -ACCEPT GRANT -LAW ENFORCEMENT TERRORISM PREVENTION
PROGRAM
A resolution was presented whichaccepts a $14,436 grant from the Law EnforcementTerrorism
Prevention Program.The funds will be used to replace existing securitycameras andupgradethe
recoding system with a DVR forthe police building.
The resolution acceptinga granttothe Moses Lake Police Departmentfrom the LawEnforcement
Terrorism Prevention Program was read by title only.
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CITY COUNCIL MINUTES June 12,2007
{^_J RESOLUTION -ACCEPT GRANT -MILITARY DEPARTMENT OF EMERGENCY MANAGEMENT //
DIVISION
A resolution was presented which accepts a $20,000 grant from the Military Department of
Emergency Management Division.Moses Lake qualifies for this grant because of an agreement
with the Bureau of Reclamation to provide security supportto Grand Coulee Dam.The funds must
be used to purchase equipment for the Tactical Response Team which trains with other security
forces to respond to threats to Grant Coulee Dam.
Theresolution accepting agrant tothe Moses Lake Police Department from the Military Department
of Emergency Management Division was read by title only.
Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Lane, and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
REQUEST FOR CITY WATER/SEWER -CRAWFORD
Bruce Crawford has requested citywaterandsewer for approximately 40 lotson property west of
^)Airway Drive and north of Cochran Road.
GaryG.Harer,Municipal Services,Director,statedthatthe cityhas sufficient capacity and fire flow
to service this property.
Mr.Deane wanted to know what obligation this develoment would have to provide either land for
a park or a fee-in-lieu of dedication of park property.
Mr.Harer pointed out that the development is in the county and would be under the county's
jurisdiction.
Joseph K.Gavinski,City Manager,stated that ifpark improvements are to be required,they would
have to be included in the Extra Territorial Utility Extension Agreement.
There was some discussion by the Council.
Action Taken:Mr.Lane moved that the request for city water and sewer be granted with the
stipulation thata requirement for park fees or dedication of park property be included in the required
Extra Territorial Utility Agreement,seconded by Mr.Reese,and passed unanimously.
SUNBURST MULTI-FAMILY PRELIMINARY MAJOR PLAT/FINDINGS OF FACT
Phil Bloom of Columbia Northwest Engineering,representing Cascade Construction of Southwest
Washington,Inc.submitted a preliminary plat of 3.79 acres of land to be subdivided into 16
I j residential lots intended for duplexes and four-plexes.The site is located north ofSunburst Court
and east ofGrape Drive, in theCrestview Court Planned Unit Development.The underlying zoning
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CITY COUNCIL MINUTES June 12, 2007
is R-3,Multi-family Residential,which corresponds with the Comprehensive Plan Land Use
Designation of High Density Residential.The Planning Commission recommended that the
preliminary plat be approved with conditions.
Gilbert Alvarado,Community Development Director,pointed out that no appeal was taken to the
decision of the Planning Commission and so the Council cannot make any changes to the
recommendations ofthe Commission.
Action Taken:Mr.Pearce moved that the preliminary plat and findings of fact be accepted,
seconded by Mr.Liebrecht,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
PH VEHICLE
Joseph K.Gavinski,City Manager,stated that the Parks and Recreation Department are in need
of a van for the new concession manager.This is an unbudgeted item.
Action Taken:Mr.Lane moved that the request for an additional van for the Parks and Recreation
Department be granted,seconded by Mr.Ecret,and passed unanimously.
LAKESIDE DISPOSAL
Joseph K.Gavinski,City Manager,stated that because ofthe number of new residential units in
the city,Lakeside Disposal is adding another route day. This will cause some changes to the
garbage pick ups in various areas of the city.
//3l/AUDIT
Joseph K.Gavinski,City Manager,statedthatthe auditors hadno findings to report from theiraudit
of the city's finances.
/J3o/l BUILDING ACTIVITY REPORT
The May 2007 BuildingActivity Report was presented.
/OQ2)INVESTMENT REPORT
The investment report showed the cityearned $83,115.89 in investment income in May 2007.
//5/^SALES TAX/TRANSIENT RENTAL INCOME
//^(-T The city received $441,481.89 in sales tax and $21,728.22 in transient rental income in May 2007.
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CITY COUNCIL MINUTES June 12,2007
ANIMAL CONTROL
Joseph K.Gavinski,City Manager,stated thatstaffhas helddiscussions with GrantCountyAnimal
Outreach concerning animal control in the city.They are proposingto provide animal control for
the city at a cost of$45,000 peryear. Theyare prepared tobegin providing serviceonJuly9when
the Grant County Humane Society ceases operation. He recommended that a one year contract
be executed with Grant County Animal Outreach.He pointed out that itwould cost the city about
$70,000 per year forcityonly animal control.The Grant County Animal Outreach will provide a
county wide animal control program.
There was some discussion by the Council.
Action Taken:Mr.Deane moved that the City Manager be authorized to sign a one yearagreement
with GrantCountyAnimal Outreach with a review aftersixmonths,seconded by Mr.Pearce, and
passed with Mr.Liebrecht opposed as he felt the city should operate the animal control facility.
The regular meeting was recessed at 9:40 p.m. and the Council met in an executive session to
discuss a potential real estate transaction and potential litigation.
The executive meeting was adjourned at 10:45 p.m. and the regular meeting was reconvened.The
regular meeting was adjourned at 10:45 p.m.
ATTEST:Ronald C.CoveyrMayx)
Roftald R.Cone,Finance Director
/OJ$